Toward an Architecture of Health Law

American Journal of Law & Medicine, Vol. 35, No. 1, pp. 67-87, 2009

21 Pages Posted: 10 Oct 2009

See all articles by Wendy K. Mariner

Wendy K. Mariner

Boston University School of Law; Boston University School of Public Health

Date Written: July 13, 2009

Abstract

This article examines 3 questions: What is an academic field of law? Is health law such a field? If it is, how can or should it be described? The first question may have no answer; scholars and practicing lawyers have fashioned their owns spheres of expertise. Describing health law faces particular challenges, including the breadth of applicable doctrines and the decline of unique medically-oriented adaptations of general principles. The article offers a blueprint based on the health and human rights framework as a functional description of the eclectic and translegal field of health law. This approach can identify the principles worthy of consideration in analyzing legal issues affecting health, while allowing room for debating the normative values that might govern sub-specialties or doctrines.

Keywords: health law, legal domain, human rights

Suggested Citation

Mariner, Wendy K., Toward an Architecture of Health Law (July 13, 2009). American Journal of Law & Medicine, Vol. 35, No. 1, pp. 67-87, 2009. Available at SSRN: https://ssrn.com/abstract=1433500

Wendy K. Mariner (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Boston University School of Public Health ( email )

715 Albany Street
Boston, MA 02118
United States
617-638-4626 (Phone)
617-414-1464 (Fax)

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